Rating Question

[COOL BREEZE]

I just received my 500 pound c-file from the VA. Even though the 800# suggested this was holding up my reconsideration and It would be a good idea which I agreed to drop this issue until later, they went ahead and finished it-this think looks like about 10 webster dictionary's. Anyhow, I noticed a statement from the development team stating that the evidence to be rated for 60% for cardio was submitted(missed medical information)-to be rated 60% instead of the 30% given in October and to rate me for the ringing of the ears. My question is it more likely or less likely that the rater will follow the letter in my file stating to give the increase. I believe that they just wrote a note for the rater what was requested and the supporting evidence was provided so all he has to do its to double check and rate it. I was surprised they didn't delete this from my package. Ths gives me a better picture how this process works. It will take some time to read this entire monster as it is divided up into different categories

[Berta]

"My question is it more likely or less likely that the rater will follow the letter in my file stating to give the increase"

My assumption is the IHD is due to your AO exposure and YES I believe the rating will be proper.

The NVLSP Training Guide for Nehmer claims is very emphatic in their check and double check procedures for proper rating of these new AO claims.

The link to this training guide is at the AO forum here- 165 pags but a very good read and also it could be used as evidence if they fail to follow it to to the letter.

I even sent them a specific page of it with my claim- as to one clause in it that applies to me and I don't want them to overlook it.

[COOL BREEZE]

"My question is it more likely or less likely that the rater will follow the letter in my file stating to give the increase"

My assumption is the IHD is due to your AO exposure and YES I believe the rating will be proper.

The NVLSP Training Guide for Nehmer claims is very emphatic in their check and double check procedures for proper rating of these new AO claims.

The link to this training guide is at the AO forum here- 165 pags but a very good read and also it could be used as evidence if they fail to follow it to to the letter.

I even sent them a specific page of it with my claim- as to one clause in it that applies to me and I don't want them to overlook it.

This wasn't do to an ao exposure-this was just a standard reconsideration claim due to the VA not doing the correct thing the first time. They didn't use the medical evidence that would have gave me a 60%-instead they lowballed me and gave a 30% for the cardio. In addition when I had the hearing exam-the doctor put down that i had the ringinging of the ears, so I filed that as a reconsideration and requested to be rated for that as well-the determination team stated-"CUE, evaluation heart murmur 30-60 per lvf 50% see ptr eco, rate tinnitus opinion in file, address nerve damage feet pes planus". That was put on a transfer file -11 November 2010. Any input on what this means as far as what the rater will do eventually would be appreciated-thanks

[Berta]

OK- thanks- not AO claim

"-the determination team stated-"CUE, evaluation heart murmur 30-60 per lvf 50% see ptr eco, rate tinnitus opinion in file, address nerve damage feet pes planus". That was put on a transfer file -11 November 2010. Any input on what this means as far as what the rater will do eventually would be appreciated-thanks"

I think they will call a CUE on themselves and support the reconderation request with a new rating.

This is why I suggest here soetimes that the vet should ask the VA to CUE itself when they get a decision that is not accurately based on the info they should have.

A reconsideration by VA involves them ,in essense, cueing themselves -by finding any error they made and then rectifying it.

You made the right decision to file for Reconsideration. And luckily they are addressing it before that NOD deadline.

[COOL BREEZE]

OK- thanks- not AO claim

"-the determination team stated-"CUE, evaluation heart murmur 30-60 per lvf 50% see ptr eco, rate tinnitus opinion in file, address nerve damage feet pes planus". That was put on a transfer file -11 November 2010. Any input on what this means as far as what the rater will do eventually would be appreciated-thanks"

I think they will call a CUE on themselves and support the reconderation request with a new rating.

This is why I suggest here soetimes that the vet should ask the VA to CUE itself when they get a decision that is not accurately based on the info they should have.

A reconsideration by VA involves them ,in essense, cueing themselves -by finding any error they made and then rectifying it.

You made the right decision to file for Reconsideration. And luckily they are addressing it before that NOD deadline.

Thank you-this wasn't any help from the DVA-all from the members including yourself-So it appears the raters will follow what the development team recommends?

[Berta]

"So it appears the raters will follow what the development team recommends"

I would think they would HAVE to.

The notations they made sound like internal stuff in the C file-Did you find this info in your C file copy?

[COOL BREEZE]

"So it appears the raters will follow what the development team recommends"

I would think they would HAVE to.

The notations they made sound like internal stuff in the C file-Did you find this info in your C file copy?

Yes I did, I was really surprised to see in in there as this is a recent claim decided in October, with a reconsideration filed 1 week later. Is says this is a one time freeby, what happens if I want a updated c-file from the last date they sent me an updated copy-are they can to charge me as it says it will do? I haven't went through the entire copy yet, just the first few pages with the copy from the development team -it states 11/02/2010 as the transfer date-that must be the date it was sent to the rating board where it has been since then. It also says to rate the tituntatis-I told the doctor that I had that since I was diagnosed with a hearing loss in the military, was never asked that issued at any time. From what I learned here on the forum, I took this one step furthur, I got the doctor to document it at the claims appointment, saw it matched what was needed to get rated, put that as a reconsideration as well noting the hearing exam noted I had that. I did not see this minor issue having to be applied as a separate new claim-I felt this was a secondary issue related to my hearing loss. Also the determination team told them to address the nerve damage that was left out of my last claim decision, not sure what they will do with this. I wonder how long it will take the rating board to rate this. It is the new year, no more holidays-its time for them to crack the whip and get every ones claims decided

[Berta]

I believe if you want an additional copy of a C file they have already sent you, then they will charge you.I could be wrong on that and hppe others chime in.

They gave me a figure and I sent them a check years ago for an additional C file copy but then I sent them letter to hold off on the copy as I had just filed another claim and didn't want the C file copying to hold that up.( yeah right- they didn't need help on holding that up-so my letter made no difference)

They still have my check. When my AO claim is done I instead will just ask them for the check back-it is probaby in my C file) and a free copy of what has accumulated since the last copy they sent me in 2003.

C files can produce some very interesting information.My last C file copy in 2003 produced all the evidence they said they never got.

Since they said they never received it and never acknowledged it in any decision I used it as new and material evidence for the 2003 claim.

[COOL BREEZE]

I believe if you want an additional copy of a C file they have already sent you, then they will charge you.I could be wrong on that and hppe others chime in.

They gave me a figure and I sent them a check years ago for an additional C file copy but then I sent them letter to hold off on the copy as I had just filed another claim and didn't want the C file copying to hold that up.( yeah right- they didn't need help on holding that up-so my letter made no difference)

They still have my check. When my AO claim is done I instead will just ask them for the check back-it is probaby in my C file) and a free copy of what has accumulated since the last copy they sent me in 2003.

C files can produce some very interesting information.My last C file copy in 2003 produced all the evidence they said they never got.

Since they said they never received it and never acknowledged it in any decision I used it as new and material evidence for the 2003 claim.

They told me that since I had requested a c-file-this was holding the raters from finishing there job. So I told them to forget about it, well they didn't, they finished it 2 months later and I am still waiting for a decision

[COOL BREEZE]

I would like to strongly encourage all vets to get a copy of there c-file-especially if they have numrous disabilities. This forum has stated by quite a few members that by reviewing their c-file they were actually able to process new claims by what the VA put in the file(black secret), and the poor Vet has no way of knowing what he may also be be service connected, as the VA makes many internal notes between departments that are never shared or communicated to the Vet. After an all nighter of reviewing my c-file, I noticed this note-"In his letter dated 5/27/2010 the veteran spoke of chronic fatique, dribbling of urine, drowsiness and tiredness, but did not make it clear that he was seeking service connection. Please ask him to clarify. Invite claim for tinnitus." Wow, nobody ever contacted me about any of this. This will be my next major claim after my request of considerations are done. I have a Nod, but I don't believe that will effect starting a new claim as long as the request of consideration gets done. My question for everyone is what possible rating could I get for the above. I am service connection for high blood pressure and all these many medications are causing these side effects. Well I get another special K, or what. The urinology issue is heavily documented in my medical records from the military, and also in current records-thanks

[carlie]

"In his letter dated 5/27/2010 the veteran spoke of chronic fatique, dribbling of urine, drowsiness and tiredness, but did not make it clear that he was seeking service connection. Please ask him to clarify. Invite claim for tinnitus."

I am service connection for high blood pressure and all these many medications are causing these side effects. Well I get another special K, or what. The urinology issue is heavily documented in my medical records from the military, and also in current records-thanks

Cool,

Do you have something in writing from a doctor that stating that you

1) have a diagnosis for these secondary disabilities

and

2) that they are due to an already SC disability ?

[COOL BREEZE]

Cool,

Do you have something in writing from a doctor that stating that you

1) have a diagnosis for these secondary disabilities

and

2) that they are due to an already SC disability ?

I believe I indicated this to someone at a Va appointment-I do know that most of the medications I am on now have listed side effects. This was how I got the special K for erectile dysfunction-proving the medication caused that and something wrote in a my medical file. Do you think a statement is good enough.